AMES Australia

[2020] FWCA 6223

[2020] FWCA 6223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AMES Australia
(AG2020/2849)

AMES AUSTRALIA TEACHERS’ ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 23 NOVEMBER 2020

Application for approval of the AMES Australia Teachers’ Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the AMES Australia Teachers’ Enterprise Agreement 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by AMES Australia (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement lodged contained an administrative error at clause 5. The Employer filed an amended version of the Agreement correcting this error at the time the application was made. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586 of the Act.

[5] The Australian Education Union being a bargaining representative for the Agreement has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s 54 of the Act will operate from 30 November 2020. The nominal expiry date of the Agreement is 8 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE509576  PR724715>

Annexure A